The Prospects and Challenges of Educational Reform for Latino Undocumented Children: An Essay Examining Alabama’s H.B. 56 and Other State Immigration Measures

Loyola University New Orleans College of Law Research Paper No. 2012-13

6 Florida International University Law Review 231 (2011)

20 Pages Posted: 18 Jan 2012 Last revised: 6 Sep 2012

Maria Pabon Lopez

Loyola University New Orleans College of Law

Diomedes J. Tsitouras

Indiana University, Robert H. McKinney School of Law, Students

Pierce C. Azuma

Loyola University New Orleans

Date Written: June 16, 2012

Abstract

This essay analyzes the provisions of Alabama’s recent anti-illegal immigration law that affect the education of undocumented children and examines their constitutionality in view of current federal law, as embodied in Plyler v. Doe, 457 U.S. 202 (1982). As immigration law is an area of federal legislative authority, a key constitutional concern is whether Alabama’s law is preempted. This essay further discusses the recent litigation filed following the passage of this act. This essay also examines other recently enacted state anti-immigrant measures which pose obstacles to undocumented students and concludes by offering thoughts regarding the use of children as pawns in the raging immigration debate in the United States.

Keywords: immigration, education, Hammon-Beason Alabama Taxpayer and Citizen Protection Act

Suggested Citation

Lopez, Maria Pabon and Tsitouras, Diomedes J. and Azuma, Pierce C., The Prospects and Challenges of Educational Reform for Latino Undocumented Children: An Essay Examining Alabama’s H.B. 56 and Other State Immigration Measures (June 16, 2012). 6 Florida International University Law Review 231 (2011). Available at SSRN: https://ssrn.com/abstract=1987046 or http://dx.doi.org/10.2139/ssrn.1987046

Maria Pabon Lopez (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St Charles Avenue
New Orleans, LA 70118
United States

Diomedes J. Tsitouras

Indiana University, Robert H. McKinney School of Law, Students ( email )

Indianapolis, ID 46202
United States

Pierce C. Azuma

Loyola University New Orleans ( email )

526 Pine Street
New Orleans, LA 70118
United States

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